Misleading Justice Flashcards
S108 - Perjury Elements
s108 CA 1961
1) a witness making any
2) assertion as to any matter of fact, opinion, beleif, or knowledge
3) in any judicial proceeding
4) forming part of that witness’s evidence on oath
5) known by that witness to be false, and
6) intended to mislead the tribunal
Punishment of Perjury
CA61; S109:
(1) 7 years
(2) If perjury is committed in order to procure the conviction of a person for any offence for which the maximum punishment is not less than 3 years’ imprisonment, the punishment may be imprisonment for a term not exceeding 14 years.
S110 - False Oaths
Elements
CA61; S110
5 years imprisonment
- Being required or authorised by law to make any statement on oath or affirmation,
- Thereupon makes a statement
- That would amount to perjury if made in a judicial proceeding.
S111 - False statements or declarations
Elements
CA61; S111
3 years imprisonment
- On any occasion on which he is required or permitted by law to make any statement or declaration
- Before any officer or person authorised by law to take or receive it, or before any notary public to be certified by him as such notary,
- Makes a statement or declaration that would amount to perjury if made on oath in a judicial proceeding.
S112 - Evidence of perjury, false oath, or false statement
Legislation
CA61; S112
No one shall be convicted of perjury, or of any offence against section 110 or section 111 of this Act, on the evidence of one witness only, unless the evidence of that witness is corroborated in some material particular by evidence implicating the defendant.
S113 - Fabricating Evidence
Elements
CA61; S113
7 years imprisonment
- With intent to mislead any tribunal holding any judicial proceeding to which section 108 applies,
- Fabricates evidence by any means other than perjury.
Witness
Definition
A person who gives evidence and is able to be cross-examined in a proceeding.
This includes:
- has previously given evidence
- actively engaged in the process of giving evidence
- will give evidence.
Assertion
Definition
This is something declared or stated positively, often with no support or attempt made at furnishing evidence or proof of the assertion’s accuracy.
Matter of Fact
Definition
A fact is a thing done, an actual occurrence or event, and it is presented during court proceedings in the form of witness testimony and evidence.
F - a Fact is
A - A thing done
C - an aCtual occurance
T - or evenT
Opinion
Definition
Opinion, in relation to a statement offered in evidence, means a statement of opinion that tends to prove or disprove a fact.
A statement of an opinion is not admissible in a proceeding, except as provided by section 24 and 25 of the Evidence Act 2006.
Evidence Act 2006 - S24: Opinion evidence of lay witnesses
Legislation
Evidence Act 2006; S24:
A witness may state an opinion in evidence in a proceeding if that opinion is necessary to enable the witness to communicate, or the fact-finder to understand, what the witness saw, heard, or otherwise perceived.
List four areas that lay witnesses may give opinion evidence under S24 of the Evidence Act.
- Age
- Identity
- Physical and emotional state of people
- Whether a person is under the influence of drink.
- condition of articles (worn, used, or new),
- speed
Belief
Definition
A subjective feeling regarding the validity of an idea or set of facts. It is more than mere suspicion and less than knowledge.
Knowledge
Definition
“Knowing” means “knowing, or correctly believing” … the belief must be a correct one, where the belief is wrong a person cannot know something:
Oath
Definition
This is a declaration before a person who has authority to administer an oath, which invokes some religious belief and says that a thing is true or right.
